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Coco Warner Reporting There are federal and state laws that protect you from being sexually harassed in your workplace. But those laws don't apply to some small Utah companies.
The Utah Labor Commission's mission statement reads in part: "To serve the people by assuring a safe, healthful, fair, non-discriminatory work environment."
But, under Utah law, if you are sexually harassed by an employer with fewer than 15 people, the Labor Commission can't help you.
A Utah woman claims her jacket was ripped after her employer grabbed her arm in an aggressive play to pull her toward him. She says it was just one of many sexually inappropriate gestures he made during the four months she worked as his secretary.
"After another month or two it started getting physical and he'd grab my butt or something."
She says she finally quit last month and looked for help from the Utah Labor Commission.
"When the lady came out, she looked at the paper and was like, 'Um, are you sure he has less than 15 employees?' and I said, 'Yes.' Then she looked at me and said, 'Well, I'm sorry, we can't help you then.'"
The Utah Labor Commission follows federal and state guidelines. Employers are defined as companies which employ 15 people or more.
Alan Hennebold/Deputy Commissioner, Utah Labor Commission: "A small employer is not considered an employer for purposes of the anti-discrimination act."
Danny Quintana/Attorney: "Small employers are the backbone of this country and the law has to protect small employers from frivilous litigation."
The parties involved in this dispute may disagree with who wins and loses with this current anti-discrimination statute. But everyone agrees it's an issue decided by the legislature.
Alan Hennebold/Deputy Commsissioner, Utah Labor Commission: "Whether the numbers should be set at one or more employees, or 15 to 20, the legislature makes that call."
A call this woman hopes will change.
"I told him, 'What you're doing is illegal and I'm not going to let you get away with it.' But he can."
The employer in question denies any wrongdoing and his accuser says she has spoken with an attorney, who hopes to influence the legislature to change the statute.
